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In this Act unless the context otherwise requires

“assessable processing” means processing of a description specified in an Executive Instrument made by the Minister under section 57 (1);

“business” includes trade or profession;

“Commission” means the Commission established under section 1 of this Act;

“corporate finance service” means a service which consists of

(a) underwriting in respect of the issue or the placing of issues of any instrument;

(b) advice to undertakings on capital structure, industrial strategy and related matters and advice and service related to mergers and the purchase of an undertaking, or

(c) services related to the underwriting referred to in paragraphs (a) and (b);

“credit bureau” means an institution licensed under the Credit

Reporting Act, 2007(Act 726) to carry out credit bureau activities;

“data” means information which

(a) is processed by means of equipment operating automatically in response to instructions given for that purpose,

(b) is recorded with the intention that it should be processed by means of such equipment,

(c) is recorded as part of a relevant filing system or with the intention that it should form part of a relevant filing system, or

(d) does not fall within paragraph (a),(b) or (c) but forms part of an accessible record;

“data controller” means a person who either alone, jointly with other persons or in common with other persons or as a statutory duty determines the purposes for and the manner in which personal data is processed or is to be processed;

“data protection principles” means the principles set out in sections 17 to 26 of this Act;

“data processor” in relation to personal data means any person other than an

employee of the data controller who processes the data on behalf of the data controller;

“data protection functions” means functions that relate to the protection of personal data in the course of data processing;

“data subject” means an individual who is the subject of personal data;

“enactment” includes an enactment passed after the commencement of this Act;

“data supervisor” means a professional appointed by a data controller in accordance with section 58 to monitor the compliance by the data controller in accordance with the provisions of the Act;

“examination” includes any process for determining the knowledge, intelligence, skill or ability of a candidate by reference to the candidate’s performance in a test, work or other activity;

“exempt manual data” means information in respect of which a controller is not required to register before manual processing or use;

“foreign data subject” means data subject information regulated by laws of a foreign jurisdiction sent into Ghana from a foreign jurisdiction wholly for processing purposes;

“ good cause” means any failure to comply with or a violation of any of the data protection principles, enforcement or other notices issued by the Commission;

“good practice” means the practice in the processing of personal data in a way that the likelihood of causing substantial damage or distress is reduced;

“government department” includes a Ministry, Department or Agency and a body or authority exercising statutory functions on behalf of the State;

“health professional “ means a registered medical practitioner or a recognized traditional healer or any person who is registered to provide health services under any law for the time being in force;

“information notice” means notice given by the Commission pursuant to a determination under section 78 (1) (b);

“instrument” means any instrument related to a publicly traded security;

“Minister” means the Minister assigned responsibility for Communications;

“personal data” means data about an individual who can be identified,

(a) from the data, or

(b) from the data or other information in the possession of, or likely to come into the possession of the data controller;

“prescribed fee” means a fee set out in relation to any Regulations on fees made pursuant to this Act;

“principal office” in relation to a registered company, means the registered office or other address that the company may specify for the delivery of correspondence;

“principal officer” in relation to a body, means the secretary or other executive officer charged with the conduct of the general affairs of the body;

“processing” means an operation or activity or set of operations by automatic or other means that concerns data or personal data and the

(a) collection, organization, adaptation or alteration of the information or data,

(b) retrieval, consultation or use of the information or data,

(c) disclosure of the information or data by transmission, dissemination or other means available, or

(d) alignment, combination, blocking, erasure or destruction of the information or data;

“public funds” has the same meaning assigned to it in Article 175 of the 1992 Constitution;

“public register” means a register which pursuant to a requirement imposed

(a) by or under an enactment, or

(b) in pursuance of any international agreement is open to

(i) inspection by the public, or

(ii) inspection by a person who has a legitimate interest;

“publish” in relation to journalistic, literary or artistic material means to make available to the public or any class of the public, journalistic, literary or artistic material;

“pupil” in relation to a school in this country means a registered person within the meaning of the Education Act, 2008 (Act 778) of any registered school;

“recipient” means a person to whom data is disclosed including an employee or agent of the data controller or the data processor to whom data is disclosed in the course of processing the data for the data controller, but does not include a person to whom disclosure is made with respect to a particular inquiry pursuant to an enactment;

“registered company” means a company registered under any enactment related to an incorporated or unincorporated entity for the time being in force in the country;

“Regulations” means Regulations made under this Act; “relevant authority” means

(a) a government department,

(b) local authority, or

(c) any other statutory authority;

“relevant filing system” means any set of data that relates to an individual which although not processed by means of equipment operating automatically in response to instructions given for processing that data, the set is structured, either by reference to an individual or by reference to a criteria that relates to the individual in a manner that specific information which relates to a particular individual is readily accessible;

“relevant function” means

(a) a function conferred on a person by or under an enactment,

(b) a function of the government, a Minister of State or a government department, or

(c) any other function which is of a public nature and is exercised in the public interest;

“relevant record” means any record that relates to a conviction or caution held by a law enforcement agency or security agency;

“research purposes” includes statistical or historical purposes; “security agency” means an agency connected with national security as determined by the National Security Council; “special personal data” means personal data which consists of information that relates to

(a) the race, colour, ethnic or tribal origin of the data subject;

(b) the political opinion of the data subject;

(c) the religious beliefs or other beliefs of a similar nature, of the data subject;

(d) the physical, medical, mental health or mental condition or DNA of the data subject;

(e) the sexual orientation of the data subject;

(f) the commission or alleged commission of an offence by the individual; or

(g) proceedings for an offence committed or alleged to have been committed by the individual, the disposal of such proceedings or the sentence of any court in the proceedings;

“special purposes” means any one or more of the following:

(a) the purpose of journalism,

(b) where the purpose is in the public interest,

(c) artistic purposes, and

(d) literary purposes;

“subject information provisions” means the provisions under this Act which deal with the right of a data subject to access information from a data controller;

“teacher” includes a head teacher and the principal of a school to whom disclosure is or may be made as a result of, or with a view to, an inquiry by or on behalf of that person made in the exercise of a power conferred by law;

“the relevant conditions” in relation to the processing of personal data, means the conditions

(a) that the data is not processed to support measures or decisions with respect to particular individuals, and

(b) that the data is not processed in the way that substantial damage or distress is caused or is likely to be caused to the data subject; and

“third party” in relation to personal data, means a person other than

(a) the data subject,

(b) the data controller, or

(c) any data processor or other person authorized to process data for the data controller or processor.